96-1116 LL
O K � �� A' Council File # � �P
�vA L
Ordinance #
Green Sheet # 3 5 G Q
ORDINAN
IT S NT P , MINNESOTA JL8
Presented By
Referred To Committee: Date
1 An ordinance amending Sections 409.06 of the
2 Saint Paul Legislative Code pertaining to Licensing.
3
4
5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
6
7
8 Section 1
9
10 That Section 409.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
11
12 "Sec. 409.06. Licensing requirements.
13
14 (g) Seasonal outside service areas. The council may, by resolution,permit any licensee to sell or
15 serve intoxicating liquors in areas outside the building structure which are immediately adjacent
16 to and contiguous with the structure containing the licensed premises. Such outside service
17 areas shall be seasonal, and shall not involve an enlargement of the building structure. Such
18 permission shall not be granted unless all the conditions of subsections (1)through (7) and all
19 pertinent provisions of the zoning code are satisfied.
20
21 (1) No outside service area shall be permitted unless the licensee presents with his or her
22 application for such outside service area a statement in writing by ninety (90)percent of
23 the owners and tenants of all private residences, dwellings and apartment houses located
24 within Aj#��e hiz;�td���3��)feet of the proposed outside service area
25 that they have no objection to such service area. Measurements shall be determined from
26 the property line of the licensed premises to the property line of the residential uses;
27 provided, however,that where the licensed premises is located within a shopping mall or
28 shopping center the measurements shall be determined from the nearest corner of the
29 building in which the licensed premises is located to the property line of the residential
30 uses.
31
32 (2) Off-street parking spaces may not be reduced by the esta.blishment of an outside service
33 area below the number of off-street parking spaces which would be required if the
34 licensed premises together with the outside service area were to be newly constructed in
35 conformity with the zoning code;provided, however, that this requirement may be
36 modified by the council by resolution in accordance with the procedures and substantive
OR ► G � �Qf �� - ► ► � �
1 c�it'�fi� vided in section 409.08 11 e. of this Le islative Code.
P� � ) g
2
3 (3) No outside service area shall be permitted unless the licensee provides, in addition to
4 other requirements of law, safety barriers or other enclosures to protect patrons from any
5 hazards, including vehicular traffic.
6
7 (4) No outside service area shall be located on public property or upon any street, alley or
8 sidewalk, nor shall such outside service areas hinder or obstruct vehicular or pedestrian
9 traffic on any street, alley or sidewalk. Notwithstanding the foregoing, the sale and
10 service of alcoholic beverages within a sidewalk cafe by a food establishment located in
11 a commercial development district created pursuant to section 17.07.1 of the City
12 Charter or located in the downtown business district, which is licensed as a restaurant
13 under Chapter 331 of the Legislative Code and which is in compliance with the
14 provisions of section 106.01 of the Legislative Code, is permitted.
15
16 (5) The council may deny any application for an outside service area where it has reason to
17 believe, or may revoke its permission for such an outside service area where it is
18 satisfied,that the impact of such outside service area on adjoining properiy will be, or
19 has been, any of the following:
20
21 a. Loud, boisterous or disturbing noise levels;
22
23 b. Hazardous traffic conditions;
24
25 c. Offensive, obnoxious or disturbing odors;
26
27 d. Excessive litter;
28
29 e. Excessive artificial lighting;
30
31 f. Substantial decrease in adjoining property values; or
32
33 g. Any other condition inconsistent with the reasonable use and enjoyment of
34 adjoining property and inconsistent with the health, safety, morals and general
35 welfare of the adjoining neighbors or community.
36
37 (6) Permission to sell and serve intoxicating liquor in or upon any outside service area may
38 be revoked by the council on three (3) days' notice to the licensee, pursuant to
39 information received at a public hearing before said council. The information need not
40 be received under oath, but must reasonably satisfy the council as to the existence of any
41 or all of the conditions listed in subparagraph(5). The public hearing shall be conducted
42 with such formal or informal procedures as the council may permit, so long as the
43 licensee and any complaining parties have an opportunity to be heard.
44
45 (7) The licensee shall, with respect to any outside service area, comply with all applicable
46 provisions of law and regulations in regard to the sale and service of intoxicating liquor,
47 including, without limitation by reason of this specification, all applicable regulations
48 contained in sections 409.08 and 409.09 of this chapter.
2
1 0 R I G I N A L Section 2
�G- ( Ii �
2
3 This ordinance shall take effect and be in force thirty (30) days following its passage, approval, and
4 publication. •
PIIRI l�ucn
DEC 211996
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=_�zea,� Nays Absent Requested by Department of:
B a e,y o�,�
Guerin =_� Office of License. Insgections and
Meg�Harri
Environmental Protection
Rettman
T une �
Bostrom �
___________________�__-__ __-====1==== B'"
Adopted by Council: Date '� �
Adoption Certified by Council Secretary Form Approved by City Attorney
B . BY� /�
y• / -.��-G c� .�
Approved by Mayor: Date Z, 11 Approved by Mayor for Submission to
Council
By: / °`�lC _(��/'��+�� �� ��/�,
By: .C��`^�'�-+
�
OFFICE OF LIEP Date : 8/2/96 GREEN SHEET
N° 35166
Robert Kessler 266-9112 _ 1 DEPARTMENT DIRECTOR 4 ITY COUNCIL
2 ITY ATTORNEY CITY CLERK
USt be OIl COLl11C11 Agenda by: BUDGET DIRECTOR FIN. & MGT. SVC. DIR.
SAP 3 YOR (OR ASSISTANT)
OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
n ordinance to amend Chapter 409 of the Saint Paul Legislative Code
ertaining to licensing; standardizing notification requirements for outside
service areas .
RECOt�IENDATIONS: APPROVE (A) OR REJECT (R) �RSONAL SERVICB CONTRACTS IdUBT ANSSPER THE FOLLOWSNG:
PLANNING CONIMISSION CIVIL SERVICE CObII�1ISSI0N 1. Has the person/firm ever worked under a contract for this department?
CIB COMMITTEE A BUSINESS REVIEW COUNCIL YES NO
STAFF _ 2. Has this person/firm ever been a City employee?
DISTRICT COURT _ YES NO
3. Does this person/firm possess a skill not normally possessed by any
SUPPORTS WHICH COUNCIL OBJECTIVE? Current City employee?
YES NO
xplain all YES anawers on a aeparate sheat and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why) :
p to this point, the City has had different notification requirements for
different licenses and permits . This legislation is an attempt at the
coordination and streamlining of the notification process .
DVANTAGES IF APPROVED:
G�
ill str�kr►line the procedures for public notification.
DISADVANTAGES IF APPROVED: Ouo4C° �`:�����
one . Huu 21 1�96
ISADVANTAGES IF NOT APPROVED:
ill maintain the status quo and there will be no efficiencies developed.
OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)